SB159: Bill Text

SB159,16,4 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday preceding the election. No application may be received on a legal holiday. A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an election official shall witness the certificate for any in-person absentee ballot cast. Any elector waiting to cast an in-person absentee ballot at the time the municipal clerk's office officially closes on the last day for which such ballots may be cast, whether the elector is waiting within or in the line outside the municipal clerk's office, shall be permitted to cast his or her in-person absentee ballot. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB159,19 Section 19 . 6.86 (3) (c) of the statutes is amended to read:

SB159,16,25 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for the election after the close of registration or if the elector registered by mail and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that the name on any required proof of identification presented by the agent conforms to the name on the elector's application. The clerk shall then enter his or her initials on the carrier envelope indicating that the agent presented proof of identification to the clerk. The agent is not required to enter a signature on the registration list. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector's residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

SB159,20 Section 20. 7.08 (3) (d) to (g) of the statutes are created to read:

SB159,17,2 7.08 (3) (d) Be written in clear, unambiguous language.

SB159,17,3 (e) Be indexed by subject.

SB159,17,5 (f) Contain specific examples of common problems encountered at polling places on election day and detailed, specific procedures for resolving those problems.

SB159,17,6 (g) Include an explanation of all of the following:

SB159,17,8 1. Laws and rules governing solicitation by individuals and groups at a polling place.

SB159,17,10 2. Procedures to be followed with respect to electors whose names do not appear on the registration list.

SB159,17,12 3. Procedures to be followed with respect to electors attempting to vote on election day who have cast an absentee ballot in the election.

SB159,17,14 4. Procedures for assisting voters who need help due to language barriers or disabilities.

SB159,17,15 5. Proper operation of any electronic voting system used at a polling place.

SB159,17,16 6. Procedures for handling ballots.

SB159,17,17 7. Procedures governing spoiled ballots.

SB159,17,18 8. Procedures to be followed after a polling place closes.

SB159,17,19 9. Rights of electors at the polls.

SB159,17,20 10. Procedures for handling emergency situations.

SB159,17,21 11. Procedures for handling and processing provisional ballots.

SB159,17,22 12. Security procedures.

SB159,21 Section 21. 7.08 (13) of the statutes is created to read:

SB159,18,2 7.08 (13) Remedies for deceptive election practices. Disseminate through the Internet and radio, television, and newspaper advertisements information concerning complaint procedures and remedies for deceptive election practices under s. 12.17.

SB159,22 Section 22. 7.08 (14) of the statutes is created to read:

SB159,18,9 7.08 (14) Withhold personal information provided to commission. Withhold from public inspection under s. 19.35 (1) the telephone number and electronic mail address of any elector who voluntarily provides that information to the commission or to a county or municipal clerk. The commission may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB159,23 Section 23. 7.10 (11) of the statutes is created to read:

SB159,18,16 7.10 (11) Withhold personal information provided to clerk. The county clerk shall withhold from public inspection under s. 19.35 (1) the telephone number and electronic mail address of any elector who voluntarily provides that information to the clerk or to the commission or a municipal clerk. The county clerk may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB159,24 Section 24. 7.15 (16) of the statutes is created to read:

SB159,18,23 7.15 (16) Withhold personal information provided to clerk. The municipal clerk shall withhold from public inspection under s. 19.35 (1) the telephone number and electronic mail address of any elector who voluntarily provides that information to the clerk or to the commission or a county clerk. The municipal clerk may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB159,25 Section 25. 12.09 (1) of the statutes is amended to read:

SB159,19,4 12.09 (1) No person may personally or through an agent make use of or threaten to make use of force, violence, or restraint , or any tactic of coercion or intimidation in order to induce or compel any person to vote or refrain from voting or to refrain from registering to vote at an election.

SB159,26 Section 26. 12.09 (3) of the statutes is amended to read:

SB159,19,10 12.09 (3) No person may personally or through an agent, by make use of or threaten to make use of force, violence, restraint, or any act tactic of coercion or intimidation in order to compel, induce, or prevail upon an elector either to vote or refrain from voting at any election for or against a particular candidate or question at a referendum.

SB159,27 Section 27 . 12.17 of the statutes is created to read:

SB159,19,13 12.17 Deceptive election practices. (1) In this section, “election-related information" means information concerning any of the following:

SB159,19,14 (a) The date, time, place, or manner of conducting an election.

SB159,19,17 (b) The qualifications for or restrictions on the eligibility of electors voting at an election, including any criminal penalties associated with voting in an election or a voter's registration status or eligibility.

SB159,19,18 (c) The explicit endorsement by any person of a candidate at an election.

SB159,19,21 (2) No person, whether acting under color of law or otherwise, may intentionally induce another person to refrain from registering or voting at an election by knowingly providing that person with false election-related information.

SB159,19,24 (3) Any person who is aggrieved by an alleged violation of sub. (2) may bring an action for injunctive relief in circuit court for the county where the violation is alleged to occur.

SB159,20,3 (4) Any person may file a verified complaint with the commission alleging facts that the person believes to constitute a violation of sub. (2). The complaint shall be filed under s. 5.05 (2m) (c).

SB159,20,12 (5) (a) Notwithstanding s. 5.05 (2m) (c), the commission shall promptly review each complaint received under sub. (4), and if the commission finds that the facts alleged in the complaint, if true, would constitute a violation of sub. (2), the commission shall promptly investigate the complaint. Notwithstanding s. 5.05 (2m) (c) 11., if the commission finds that a violation of sub. (2) has occurred or is occurring, the commission shall take all measures necessary to provide correct information to electors who may have been deceived by the actions of the alleged violator, and shall refer the matter to the appropriate authority for prosecution in accordance with ss. 5.05 (2m) (i) and 12.60 (4).

SB159,20,14 (b) The commission shall promulgate rules concerning the methods and means of providing corrective information to electors under par. (a).

SB159,20,21 (6) (a) No later than 90 days after each each general election, the commission shall report to the chief clerk of each house of the legislature for referral to the appropriate standing committees under s. 13.172 (2) concerning any complaints under sub. (4) that were acted upon or referred by the commission under sub. (5) during the period beginning with the date of the 2nd preceding general election and ending with the preceding general election. Except as provided in par. (b), the report shall include all of the following:

SB159,20,23 1. A description of the alleged deceptive election practices that were the subject of each complaint.

SB159,20,25 2. Any corrective measures taken by the commission with regard to the subject matter of each complaint.

SB159,21,2 3. The commission's evaluation of the effectiveness of those corrective measures.

SB159,21,4 4. The status of any prosecution relating to the subject matter of each complaint.

SB159,21,6 5. A compilation of the number and types of allegations made that were acted upon or referred by the commission under sub. (5).

SB159,21,8 6. The locations and segments of the population that were affected by the alleged deceptive election practices.

SB159,21,9 7. The status of any investigations conducted by the commission under sub. (5).

SB159,21,12 (b) The commission may exclude from the report under par. (a) any information that, if disclosed, would interfere with a pending investigation of a violation of the law.

SB159,21,14 (c) The commission shall post a copy of each report submitted under this subsection on the Internet.

SB159,28 Section 28 . 12.19 of the statutes is created to read:

SB159,21,19 12.19 Voter suppression. No person may knowingly attempt to prevent or deter another person from voting or registering to vote based upon fraudulent, deceptive, or spurious grounds or information. Violations of this section include any of the following:

SB159,21,21 (1) Challenging another person's right to register or vote at an election based upon information the person knows is false.

SB159,21,23 (2) Attempting to induce another person to refrain from registering or voting by providing that person with information the person knows is false.

SB159,29 Section 29. 12.60 (1) (a) of the statutes is amended to read:

SB159,22,2 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

SB159,30 Section 30 . 12.60 (1) (am) of the statutes is created to read:

SB159,22,6 12.60 (1) (am) Whoever violates s. 12.17 (2) with the intent to prevent any person from exercising the right to vote in an election is guilty of a Class D felony, except that the term of imprisonment may not exceed 5 years.

SB159,31 Section 31 . 12.60 (1) (an) of the statutes is created to read:

SB159,22,9 12.60 (1) (an) Whoever violates s. 12.09 is guilty of a Class D felony, except that the term of imprisonment may not exceed 3 years.

SB159,32 Section 32 . 12.60 (1) (ap) of the statutes is created to read:

SB159,22,12 12.60 (1) (ap) Whoever violates s. 12.19 is guilty of a Class E felony, except that the term of imprisonment may not exceed 2 years.

SB159,33 Section 33 . 12.60 (1) (bn) of the statutes is created to read:

SB159,22,20 12.60 (1) (bn) If a municipal clerk or executive director of a board of election commissioners fails to ensure compliance with s. 5.25 (4) (b) or to post the materials specified in s. 5.35 (6) (a) at each polling place located in the municipality served by the clerk or executive director at any election, except as authorized in s. 5.35 (6) (d), or the administrator of the elections commission fails to include any of the materials specified in s. 7.08 (3) in the election manual, the violator may be required to forfeit not more than $500 for each violation.

SB159,34 Section 34. 12.60 (4) of the statutes is amended to read:

SB159,22,24 12.60 (4) Prosecutions of civil offenses under this chapter shall be conducted in the manner prescribed in s. 11.1400 (5). Prosecutions of criminal offenses under this chapter shall be conducted in accordance with s. 11.1401 (2).

SB159,35 Section 35 . 85.61 (1) of the statutes is amended to read:

SB159,23,12 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the commission on a continuous basis, no less often than monthly.

SB159,36 Section 36 . 343.14 (2p) of the statutes is created to read:

SB159,23,18 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the elections commission the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

SB159,23,24 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department shall not make this information available for these purposes. This paragraph does not preclude the department from making available to the elections commission information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

SB159,37 Section 37 . Nonstatutory provisions.

SB159,24,5 (1) Initial sharing of registration information. Notwithstanding ss. 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall enter into and begin transferring information under a revised agreement with the elections commission administrator pursuant to s. 85.61 (1) no later than the first day of the 4th month beginning after the effective date of this subsection.

SB159,24,20 (2) Report on voter registration information integration. No later than July 1, 2021, the elections commission shall report to the appropriate standing committees of the legislature, in the manner specified in s. 13.172 (3), its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the feasibility and desirability of integrating public information maintained by other state agencies and by technical colleges with the commission's registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, safety and professional services, and natural resources; the University of Wisconsin System; and the technical college system board, as well as the technical colleges within each technical college district.

SB159,25,4 (3) Study of options for corrective action. The elections commission, in consultation with the department of justice and the federal election assistance commission, shall study the feasibility of providing corrective information that may be required under s. 12.17 (5) (a) through public service announcements, other uses of broadcast, Internet, or social media, or an emergency alert system. No later than the first day of the 7th month beginning after the effective date of this subsection, the elections commission shall report its findings and recommendations to the appropriate standing committees of the legislature, in the manner specified in s. 13.172 (3).

SB159,25,5 (End)